CADAR CONSTRUCTIONS Vs. TARA TILES

JUDGEMENT

(1.) This Letters Patent appeal seeks to challenge an order passed by a learned Single Judge of this Court on 23rd December, 1982 holding that the suit originally filed by the respondents, hereinafter referred to as "the Plaintiff", was within time. By the said judgment the learned Single Judge held that the suit was governed by the provisions contained in what can be called the Portuguese Civil Code and not by the provisions of the Indian Limitation Act, hereinafter referred to as "the Limitation Act". The facts leading to the aforesaid judgment of the learned Single Judge as well as this Letters Patent appeal may be briefly stated.

(2.) The plaintiff filed a suit being Civil Case No. 17 of 1971, in the Court of the Civil Judge, Senior Division, Panaji, for recovery of a sum of over Rs. 10,000 on the ground that the said amount was due to him on taking accounts. The amount was due to him for the goods which had been supplied by him to the defendant. The suit was filed on 14th of April, 1971. In the plaint it had been specifically mentioned by the plaintiff that during the period from 19th April, 1967 to 31st March, 1968 the plaintiff had sold to the defendant flooring tiles and like material totally worth Rs. 27, 521.54 inclusive of a sum of Rs. 350 towards the transport charges for the same. After crediting to the defendants account a total sum of Rs. 19,000 comprising, among others, of a payment of Rs. 5,000 made on 15th of April, 1968, the defendant was said to be liable to the sum of Rs. 8,521. Inclusive of the interest upto the filing of the suit it was to the tune of Rs. 10,032. A decree for the principal sum of Rs. 8, 231 was prayed for along with interest on the same.

(3.) This suit was resisted by the defendant by contending that the facts were not admitted. In paragraph 2 of the written statement it was contended on behalf of the defendant that the value of the goods mentioned by the plaintiff was not admitted. However, the defendant specifically mentioned as follows :---